The Expert Podcast

…Mediation can be an excellent method to resolve any kind of dispute illegal dispute A court dispute even a personal dispute. Mediation has the ability to introduce a neutral unbiased third party that can lower the heat on a conflict and can introduce finding the existing, common elements where people already agree. But do both parties have to agree Well generally yes However mediation many times can be used to get both parties. On the same page where if one person works with a mediator, they may be able to pass along…Soundbites or snippets to the other party to get them involved with the mediation In fact, Sometimes. Having the, adversarial party. Contact a mediator directly can open up that chain of conversation. a mediator doesn't take sides. They don't pick who's right or wrong Even if somebody is right or wrong they don't pick who is the, who's being correct And who's being incorrect. What they're trying to do is find common ground and they would take away that adversarial. energy that exists between parties that are in conflict over something. So even if you introduce a mediator…To try to find that common ground and maybe bring the other side into the conversation either directly or indirectly Look, a lot of times the reason for a conflict is because one person has an ax to grind with the other or they may have some bad blood or just. Anxiety about the other person's history They may be bringing mental baggage to the conversation or spite and a third-party mediator Who's not taking sides. Is easier to talk to. Right It's it's like a facilitator for that communication, whatever your conflict is, you want to have that resolved even if you want to have a resolve by you winning. You want to have it resolved You don't want to stay in conflict forever. And a mediator will help find and navigate that pathway to it without you having to sacrifice yourself or make accommodations or, the biggest reason for conflicts continuing is pride People don't want to feel like they're a loser or giving in. Or they don't want to feel like they're. agreeing with the other side, a mediator can facilitate that in most conflicts. 80% of the conflict in quotes is already agreed upon. 80% of what in theory is being argued about is already people are on the same page. It's that small 20% that needs to be resolved. And in most cases, there's even common ground within that perceived conflict. Sometimes it could be a trade-off I'll give you this You give me that sometimes it could be, To settle on the things that are agreed upon and leave the other ones for later. Mediator doesn't have their heart in the game. they don't have any particular conflict. They're not going to take sides. They're not going to be Trey You they're not going to be trading other person They're just going to try to facilitate and navigate a solution to get whatever conflict it is resolve to take that. Headache heartache. and maybe even anxiety from an unknown consequence because remember. If you. Let a third party decide on the answer like a court. You're at the mercy of what that decision is a mediator Doesn't give a order decision. Right They can't say you have to do this and you have to do that. Mediator tries to facilitate a res re resolved answer from the two parties. I'm sure you would rather have some input on your resolution rather than having somebody slap a gavel on the court. Bench and say this is what you have to do once that's done It's done You can't. Undo that. So having a mediator helped facilitate it gives you a lot more input on what the answer is So you don't have to just swallow whatever a court or a judge or a jury tells you, and you have more input on what the. Answer's going to be and you might think well if I go to court and having an attorney and I can argue my case, that's my input It may be, but you don't have the final say. Th the, the jury has the final say. And from seeing thousands of court cases over the years I can tell you that whatever opinion any party has yours or the other side…The same way that you look at as the other side being a hundred percent wrong…And the other side looks at you as being a hundred percent wrong and you just can't understand it. How could they not see. That. this is true. Well, The jury or the judge whoever's deciding on it. They're going to think both of you are 50% wrong. Right. You think the other side a hundred percent wrong? They think you're a hundred percent wrong. That jury or judge in the middle they're going to think you're both 50% wrong So you're at risk of being 50% penalized for whatever position you have. We're coming together and having a mediator find the common ground find the common. the areas of agreement and facilitate put together an answer saves you from having the gavel Come down on you with an answer You may not like.